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4 <br /> Purpose Of The May 31, 1995 Public Hearing <br /> The purpose of the May 31, 1995 public hearing was to <br /> provide an opportunity for new information to be <br /> submitted regarding the use of the property when zoning <br /> was applied in 1981. <br /> STAFF EVALUATION <br /> Approval of Current Zoning District (EC-5) <br /> Issues discussed when the property was requested to be <br /> rezoned from RB to EC-5 ( 1992) focused on whether or <br /> not the property had been used for commercial purposes <br /> when Bingham Township was zoned in September, 1981. <br /> There was some testimony indicating that some activity <br /> involving storage, salvage and/or repair of vehicles <br /> had been occurring on the property when zoning was <br /> applied. The Planning Staff and administration <br /> recommended that the rezoning not be approved on the <br /> basis that no visible evidence of a business was <br /> evident in aerial photographs taken in the late 1970 's <br /> and early 19801s, and there were no business records to <br /> indicate the operation of a business. The discussion <br /> and testimony focused on whether or not the property <br /> was used for business which would be applicable <br /> according to the Table of Permitted Uses and <br /> definitions found in the Zoning Ordinance. <br /> The Board of Commissioners was persuaded by the <br /> evidence and testimony presented that the property had <br /> been used for business purposes when Bingham Township <br /> was zoned, and approved the requested rezoning to EC-5. <br /> At the time of the Board's decision, as well as during <br /> the preceding review by the Planning Staff and Planning <br /> Board, the focus was less on the specific use in terms <br /> of definitions of various uses found in the Zoning <br /> Ordinance and the provisions of the Table of Permitted <br /> Uses and more on determining whether or not a <br /> commercial use existed at all. <br /> Decision of Superior Court <br /> The decision of the court following appeal of the Board <br /> of Commissioners decision requires the Board of <br /> Commissioners to now consider whether or not a <br /> commercial use permitted in the EC-5 zoning district <br /> existed on the property at the time that Bingham <br /> Township was zoned in 1981. <br />